OLDEN v. POPE

No. 23900.

431 F.2d 905 (1970)

Osborn OLDEN, Appellant, v. Lester J. POPE, Appellee.

United States Court of Appeals, Ninth Circuit.

September 28, 1970.


Attorney(s) appearing for the Case

Gerald Z. Marer (argued), Keogh & Marer, Palo Alto, Cal., for appellant.

Timothy Reardon (argued), John T. Murphy, Deputy Attys. Gen., Thomas C. Lynch, Atty. Gen., San Francisco, Cal., for appellee.

Before MERRILL and DUNIWAY, Circuit Judges, and POWELL, District Judge.


PER CURIAM:

This appeal by a state prisoner is from the denial of his application for a writ of habeas corpus without an evidentiary hearing. Petitioner urges that he was permitted at his preliminary hearing in 1959 to incriminate himself without a knowing and intelligent waiver of his right to counsel.

The District Judge had before him the transcript of the proceedings before the Magistrate. That transcript has been examined by us and we find a careful and...

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